Preston v. Commissioner
United States Tax Court
1. Held, that a decision of a court of New York on a question of property interests in a related case involving the same class of payments as are involved in this proceeding is binding on this Court. Commissioner v. Blair, 300 U.S. 5. Held, further, that the question of whether the income which petitioner's decedent received from a trust was taxable to petitioner's decedent is a Federal tax law question.
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1. Held, that a decision of a court of New York on a question of property interests in a related case involving the same class of payments as are involved in this proceeding is binding on this Court. Commissioner v. Blair, 300 U.S. 5. Held, further, that the question of whether the income which petitioner's decedent received from a trust was taxable to petitioner's decedent is a Federal tax law question. Commissioner v. Blair, supra. 2. Held, that a trust of which petitioner's decedent was the beneficiary was not a revocable trust under section 166 of the Internal Revenue Code. Therefore,…
1Opinion of the Court
OPINION.
Hakeon, Judge-.
Although the complete notice of deficiency is not before us so as to acquaint us with the reason which the Commissioner has given for his determination, we assume that he has included in the income of the petitioner’s decedent the trust income which was to be distributed currently to her, and was distributed to her, because of the provisions of section 162 (b) of the Internal Revenue Code. Under that section of the Code such income shall be included in the net income of the trust beneficiary.
But the petitioner contests the determination of the Commissioner upon the…
2Cases cited6 opinions
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Blair v. CommissionerSupreme Court of the United States · 1937
- Freuler v. HelveringSupreme Court of the United States · 1934
- Carrier v. . CarrierNew York Court of Appeals · 1919
- Anderson v. CommissionerUnited States Tax Court · 1947
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Preston v. CommissionerUnited States Tax Court · 1950